The Department of State Services (DSS) has filed a lawsuit at the Federal High Court in Abuja against former presidential candidate Professor Pat Utomi, accusing him of forming an unconstitutional shadow government aimed at undermining President Bola Tinubu’s administration.
Filed under suit number FHC/ABJ/CS/937/2025, the DSS alleged that Utomi’s recent unveiling of a 39-member shadow cabinet was an attempt to usurp executive powers and mislead the public into questioning the legitimacy of the current government. The suit claims this act is a direct violation of the Nigerian Constitution, specifically sections 1(1), 1(2), and 14(2)(a), which reserve governance exclusively to institutions established under democratic principles.
Utomi, who ran for president in 2007 under the African Democratic Congress, said the shadow cabinet was a response to perceived poor governance under the Tinubu administration. He argued that it falls within his constitutional rights. Nevertheless, the DSS claims the initiative poses a “clear and present danger” to Nigeria’s constitutional democracy, potentially fueling unrest, encouraging separatist movements, and threatening national security.
Among the shadow ministers named were Dele Farotimi as Ombudsman, and a Policy Delivery Unit consisting of Oghene Momoh, Cheta Nwanze, Halima Ahmed, and others.
The DSS has asked the court to declare the shadow government illegal and to issue a perpetual injunction barring Utomi and his associates from operating any parallel authority. The agency emphasized its duty to prevent subversive activities and protect the nation’s constitutional order.
The court has not yet set a date for hearing the case.